Patna High CourtCR. MISC./48346/2017dismissed

Sudhir Mandal v. The State Of Bihar

2017-10-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48346 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Sudhir Mandal, Son of Late Umesh Mandal, Resident of Village- Berai, P.S.- Hathauri, District- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Gaighat P.S.Case No. 193/2016 registered for the offences punishable under sections 272 and 273 of the Indian Penal Code and 30(a), 35(a) of the Bihar Prohibition and Excise Act. Allegation as per F.I.R. is of recovery of 1113 litres of liquor from a vehicle and the name of the petitioner was disclosed by the other accused.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and though he is accused in nine other cases of similar nature but in some of them he is on bail and now he is in custody since 14.7.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.48346 of 2017 (2) dt.12-10-2017 Having heard both sides and in view of the allegation as well as criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner. This application is, accordingly, dismissed.

However, the trial court is directed to expedite the trial of the petitioner and conduct the trial on day to day basis so as to complete the trial within a period of further six months. If the trial is not concluded within the said period, the petitioner is at liberty to renew his prayer for bail before the trial court which shall be considered on its own merits.

(Vinod Kumar Sinha, J) Surendra/- U